Appellate Division of the Supreme Court of the State of New York October 25, 2011 (People v. Spann)

*598The court properly exercised its discretion in determining that substantial justice dictated denial of the motion (see generally People v Gonzalez, 29 AD3d 400 [2006], lv denied 7 NY3d 867 [2006]). Defendant’s history of recidivism and absconding outweighed the positive factors cited by defendant, including his prison record (see e.g.